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1976 Supreme(All) 179

M.N.SHUKLA
Jagarnath – Appellant
Versus
Deputy Director of Consolidation, U. P. Camp at Gorakhpur – Respondent


Advocates:
Lalji Sahai Srivastava, for Petitioners; Standing Counsel and R.N. Pandey, for Opposite Parties.

ORDER :- The petitioners have prayed by means of this Writ Petition for a writ of certiorari to quash the orders dated 13-3-1970 and 27-7-1971 passed by the Settlement Officer, Consolidation and the Deputy Director of Consolidation respectively in the appeal and the revision preferred by the petitioners in consolidation proceedings. The only question for decision in this writ petition is:-

"What is the nature of the rights acquired by a widow who enters into possession over a property of her deceased husband in which she had a life interest provided she matures her right by remaining in possession for the statutory period ?"

2. The petitioners are collaterals of Deo Narain, Smt. Dulari, respondent No. 5, is the widow of Deo Narain and respondents Nos. 6, 7 and 8 namely, Tirathraj, Brahmdeo and Smt. Subhagi are the donees from her. Deo Narain died issueless in 1925 as a member of a joint Hindu family of which the petitioners or their predecessors-in-interest were members and Smt. Dulari was only entitled to maintenance. After the death of Deo Narain the name of Smt. Dulari came to be recorded in the Khewat as Sirholder over 2/3rd share of Deo Narain. She, however gifted her 2/3rd sha


































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